Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-11-11
WHOLE NUMBER, 1874.
COURTS OF JUSTICE.
tGP0RTAEr APPEAL CASES DECIDED
YESTERDAY.
Hon George D Wiso and Hr. MULLEN Before
tle Police Court Politics and
Whiskey Selling, &c.

Yesterday was the first opinion-day OF
the Supreme Court of Appeals at this
;em. Al the Judges we're present and
q number of decisions wore either read
or handed down to the clerk, among
them the following:
Noble AGAINST Davis & Co. Affirmed.
Though ,he style OF the case does not
show it, ihc question here was rs to TIE
validity Of a marriage contract between
John T.. Maben and Jessie H.. his wife.
number Of large judgments being
about TO he entered against Maben, to
save his property from his creditors, as
alleged, ne hastily brought the lady,
now his wife, 20 Lynchburg from Bed
ford, and she signed the contract and
: they were married. Il was insisted that
the two had long been engaged, and the
court below held that if there was fraud
ON the pant Of Nalcn his wife was not a
( party 10 Il, and that it being well-cs-
/ tabl,Eed law that marriage is valuable
consideration her rights could not be af-
fected 10y any fraudulent purposes of
/ Mah,n.
( Judge Lewis did not sit in the case.
Judges Hinton apd FauntIcroy sustained
! the lower court, and Judges Lacy and
! Richardson diss.nted both Of them
4 contendinc that the marriage settlement
( waJ a hustiiy-concciyCd device to dclraud
+ thc creditors, and that the lady. from
. the extreme speed with which the mar
r.agc Was hurried on. and from other
facts within her huowlcdgo, must have
J been aware of Nahcu's design, and was
therefore, a party to the fraud.
Judges Hinton and tauntleroy saw no
proof that the lady was party to the
alleged fraud. Judge Hinton said cit
may have been fraud on the part of the
man, but +hcre is nothing to show that
the woman participated IN It "
( So tine mawace-contract stands.
Judge Iauntlcroy delivered the
/ opinion.
DAMAGE SUIT.
New York. Philadelphia and Norfolk
Railroad Company against Ko,lam's
Administrators. from the Circuit Court
F of Accomack. Reversed, Judge Richard
| son delivering the opinion.
December y, 1855, Mr.. n Judson
I Ecilam, Of Accomack. while driving ina
/ top wagon along public road which
crossed the railroad at a place called
Cdmp-Mccting Crossing was Iun over
and mortaliy wounded. The track was
in open view Of Mr.. kcllam for long
distance as he approached it, lie might
have seen the tram easily. As lac ap-
/ preached tho railroad he slowed his horse
down 70 walk and CndtayOrcd to cross
the track in front of the approaching
train. and when the engine was nearly
upon lnm whipped up his horse, but was
unable to clear the track in time. He
WAS Riiod. and in the lower court dam
aGosin -. 500 were given. This judgment
the Supreme Court yesterday ovcuuled,
holding, i'm effect, that Mr. Kellam was
, not only negligent but reckless.
OTHER cAsEs.
Reynolds against Cook. From the
Circuit Court of BotctOurt county. Re
verscd, Judge Lewis delivering the opin
ion judge FauutorOy concurring III
reversing the judgment. bat WAS Of opin
ION thgt tine plaintiff is not estoppcd by
the supplemental agreement OF the 23d
of February, 1850
Field against Marye, Auditor. From
the Circuit Court OF the city Of Rich
mond. Affirmed, Judge Lacy delivering
the opinion.
Smith ~ Co. against Mayo. From the
Circuit Court Of Povhatan county AZ
frmcd. Judge Hinton delivering the
opinion.
Shenandoah Railroad Company against
Moore From the Circuit Count OF Rock
bridge county. Affirmed, Judge Lewis
delivering the opinion.
lie Grand against Rixcy. From the
/ Circuit Court ot rauquier county Al
| hrmed, Judge Richardson delivering the
opinion.
Seay against Schues administrator.
From the Circuit Court OF Fuyanna
county. Reversed. Judge Richardson
delivering the opinion.
Wo05son against iybOm. From the
Circuit Court oi Goochlanl county.
affirmed. Judge Richardson delivering
the opinion.
Leiths administrator against Carter.
From the Circuit Count Of LoudOun.
Affirmed, Judge Richardson delivering
the opinion.
r. l.. Gordon, I. W. sims, and \. H.
Dickinson, Esqs, were allowed to prac-
ticc as counsel in TINS court.
Waller AZ Hoggs eglinst the Common
wealth. Further argued by The Attorney
General for the Commonwealth and Hon.
!. Is. Sener for the plaintiff IN error and
submitted.
TIC WiSe-5SulsCn Case.
Hon. George d. Wise and Mr.. vii
linn n. Mullen were before the Police
Court Yesterday morning on warrants
charging them with lighting and creating
a disturbance on the street also, tn
being about TO commit a breach OF the
peace Against the former was also the
third charge OF assaulting and abusing
William II. Mullen and threatening 10
shoot him with a pistol. The difficulty
between these gentlemen, an accoun; OF
which. together with the statements OF
both parties, was published in the Dis
D0fcf of yesterday. occurred Wednes-
day afternoon abou- half-past o'clock
ON Tenth street south OF Main. Ii was
fine onterowth of some statements which
Mr. wise heard that Mullen made III
public speech delivered at Oid-Market
Ii 'g-t.' .'l.a